Rule 3535. Submission of Application to Assigned Judge.
The Applicant shall submit the application, affidavit, and proposed order to the Assigned Judge. If such documentation is to be presented in advance to the Assigned Judge electronically, the documentation shall be encrypted utilizing a security certificate supplied by the Assigned Judge. This ex parte proceeding need not be on the record if all the necessary information required by the Assigned Judge is contained in the application. However, any additional testimony or explanation, if supplied orally, must be made of record. A recording device utilizing a removable storage medium or court reporter may be used and must be provided by the Applicant. If a court reporter is used, the Assigned Judge shall direct the court reporter to transcribe the proceedings as expeditiously as possible and to submit the stenographic notes and original transcript to the Assigned Judge for sealing at the earliest possible moment. If a recording device is used, the storage medium shall immediately be turned over to the Assigned Judge and sealed. The Assigned Judge should instruct all present concerning the need for confidentiality.
Comment This rule is intended to provide a neutral method, which does not depend on a specific software product, for the secure transmission of electronic documents to the Assigned Judge. This rule requires the use of public-key cryptography. It is anticipated that the Applicant will select strong, common, encryption algorithms, secured by the security certificate (i.e. public key), to protect the confidentiality of documents transmitted electronically.
Source The provisions of this Rule 3535 adopted November 24, 2020, effective immediately, 50 Pa.B. 6994.
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